EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*sb0255*
SENATE BILL 255
P4, P1 2lr0601
SB 757/21 – FIN CF HB 90
By: Senators Beidle, Benson, Carter, Feldman, Hettleman, Klausmeier, Kramer,
Waldstreicher, and Smith
Introduced and read first time: January 14, 2022
Assigned to: Finance
Committee Report: Favorable with amendments
Senate action: Adopted
Read second time: February 22, 2022
CHAPTER ______
AN ACT concerning 1
State Personnel Management System – Office of the Public Defender – 2
Placement and Collective Bargaining 3
FOR the purpose of specifying that certain positions within the Office of the Public 4
Defender are in certain employment categories in the State Personnel Management 5
System; altering certain provisions of law regarding personnel actions within the 6
Office that relate to the hiring, discipline, and termination of employees; providing 7
that employees of the Office are subject to collective bargaining under the State 8
Personnel Management System; repealing a provision of law that excludes attorneys 9
in the Office from certain grievance procedures in the State Personnel Management 10
System; requiring the Secretary of Budget and Management to assign each 11
appointee or employee of the Office to the appropriate employment category within 12
the State Personnel Management System on or before a certain date; prohibiting any 13
appointee or employee of the Office from receiving a change in pay or benefits as a 14
result of a certain transfer or assignment except under certain circumstances; and 15
generally relating to the personnel of the Office of the Public Defender in the State 16
Personnel Management System. 17
BY repealing and reenacting, with amendments, 18
Article – Criminal Procedure 19
Section 16–203 20
Annotated Code of Maryland 21
(2018 Replacement Volume and 2021 Supplement) 22
2 SENATE BILL 255
BY repealing and reenacting, without amendments, 1
Article – State Personnel and Pensions 2
Section 3–101(a) 3
Annotated Code of Maryland 4
(2015 Replacement Volume and 2021 Supplement) 5
BY repealing and reenacting, with amendments, 6
Article – State Personnel and Pensions 7
Section 3–101(b), 3–102(a), 3–205(a) and (c), and 12–102 8
Annotated Code of Maryland 9
(2015 Replacement Volume and 2021 Supplement) 10
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 11
That the Laws of Maryland read as follows: 12
Article – Criminal Procedure 13
16–203. 14
(a) (1) The head of the Office is the Public Defender. 15
(2) The Public Defender shall be appointed by the Board of Trustees. 16
(3) By a vote of at least seven members, the Board of Trustees may remove 17
the Public Defender for: 18
(i) misconduct in office; 19
(ii) persistent failure to perform the duties of the Office; or 20
(iii) conduct prejudicial to the proper administration of justice. 21
(4) To qualify for appointment as Public Defender, an individual shall be 22
an attorney admitted to practice law in the State by the Court of Appeals of Maryland who 23
has engaged in the practice of law for at least 5 years before appointment. 24
(5) The Public Defender shall receive the same salary as a judge of a circuit 25
court. 26
(6) The Public Defender may not engage in the private practice of law. 27
(7) The Public Defender serves for a term of 6 years. 28
(b) (1) With the approval of the Board of Trustees, the Public Defender shall 29
appoint: 30
SENATE BILL 255 3
(i) a deputy public defender WHO IS IN THE EXECUT IVE SERVICE 1
OF THE STATE PERSONNEL MANAGEMENT SYSTEM; and 2
(ii) one district public defender for each district of the District Court, 3
EACH OF WHOM IS IN T HE MANAGEMENT SERVIC E OF THE STATE PERSONNEL 4
MANAGEMENT SYSTEM. 5
(2) The deputy public defender and each district public defender shall have 6
the same qualifications as the Public Defender. 7
(3) A district public defender shall: 8
(i) assist the Public Defender to perform the duties of the Office; and 9
(ii) subject to the supervision of the Public Defender, be in charge of 10
the public defender offices in the district for which the district public defender is appointed. 11
(c) (1) With the advice of the district public defenders, the Public Defender 12
may [appoint] EMPLOY assistant public defenders in accordance with the State budget. 13
(2) To qualify for [appointment] EMPLOYMENT as an assistant public 14
defender, an individual shall be an attorney and admitted to practice law in the State by 15
the Court of Appeals of Maryland. 16
(3) ASSISTANT PUBLIC DEFE NDERS ARE IN THE PRO FESSIONAL 17
SERVICE OF THE STATE PERSONNEL MANAGEMENT SYSTEM AND MAY BE 18
TERMINATED OR OTHERW ISE DISCIPLINED ONLY FOR CAUSE IN ACCORDA NCE WITH 19
TITLE 11 OF THE STATE PERSONNEL AND PENSIONS ARTICLE. 20
(d) (1) The deputy public defender[,] AND district public defenders[, and 21
assistant public defenders]: 22
(1) shall serve at the pleasure of the Public Defender; and. 23
(2) THE DEPUTY PUBLIC DEF ENDER, DISTRICT PUBLI C DEFENDERS , 24
AND ASSISTANT PUBLIC DEFENDERS may not engage in the private practice of criminal 25
law. 26
(e) The Public Defender shall [appoint] EMPLOY investigators, stenographic 27
assistants, clerical assistants, and other personnel as may be required to assist the Public 28
Defender and the district public defenders to perform the duties of the Office in accordance 29
with the State budget. 30
(F) (1) SUBJECT TO SUBSECTION S (B)(1) AND (C)(3) OF THIS SECTION , 31
ALL OTHER POSITIONS IN THE OFFICE ARE IN THE EXE CUTIVE, MANAGEMENT, 32 4 SENATE BILL 255
PROFESSIONAL , OR SKILLED SERVICE O F THE STATE PERSONNEL MANAGEMENT 1
SYSTEM. 2
(2) EMPLOYEES IN THE PROF ESSIONAL OR SKILLED SERVICE MAY BE 3
TERMINATED OR OTHERW ISE DISCIPLINED ONLY FOR CAUSE IN ACCORDA NCE WITH 4
TITLE 11 OF THE STATE PERSONNEL AND PENSIONS ARTICLE. 5
[(f)] (G) (1) Subject to paragraph (2) of this subsection, the Public Defender 6
shall establish and maintain suitable offices in the State. 7
(2) At least one Public Defender’s office shall be in each district. 8
[(g)] (H) The number of positions, compensation, and expenses for the Office 9
shall be in accordance with the State budget. 10
Article – State Personnel and Pensions 11
3–101. 12
(a) In this title the following words have the meanings indicated. 13
(b) “Board” means: 14
(1) with regard to any matter relating to employees of any of the units of 15
State government described in § 3–102(a)(1)(i) through (iv) and (vi) through [(xi)] (XII) of 16
this subtitle and employees described in § 3–102(a)(2) and (3) of this subtitle, the State 17
Labor Relations Board; and 18
(2) with regard to any matter relating to employees of any State institution 19
of higher education described in § 3–102(a)(1)(v) of this subtitle, the State Higher Education 20
Labor Relations Board. 21
3–102. 22
(a) Except as provided in this title or as otherwise provided by law, this title 23
applies to: 24
(1) all employees of: 25
(i) the principal departments within the Executive Branch of State 26
government; 27
(ii) the Maryland Insurance Administration; 28
(iii) the State Department of Assessments and Taxation; 29
SENATE BILL 255 5
(iv) the State Lottery and Gaming Control Agency; 1
(v) the University System of Maryland, Morgan State University, 2
St. Mary’s College of Maryland, and Baltimore City Community College; 3
(vi) the Comptroller; 4
(vii) the Maryland Transportation Authority who are not police 5
officers; 6
(viii) the State Retirement Agency; 7
(ix) the State Department of Education; 8
(x) the Maryland Environmental Service; [and] 9
(xi) the Maryland School for the Deaf; AND 10
(XII) THE OFFICE OF THE PUBLIC DEFENDER; 11
(2) firefighters for the Martin State Airport at the rank of captain or below 12
who are employed by the Military Department; and 13
(3) all full–time Maryland Transportation Authority police officers at the 14
rank of first sergeant and below. 15
3–205. 16
(a) The Board is responsible for administering and enforcing provisions of this 17
title relating to employees described in § 3–102(a)(1)(i) through (iv) and (vi) through [(xi)] 18
(XII), (2), and (3) of this title. 19
(c) (1) The Board may not designate a unique bargaining unit for each of the 20
units of government identified in § 3–102(a)(1)(vi) through (ix) AND (XII) and (2) of this 21
title. 22
(2) At the request of the exclusive representative, the Board shall: 23
(i) EXCEPT A S PROVIDED IN PARAGR APH (4) OF THIS 24
SUBSECTION, determine the appropriate existing bargaining unit into which to assign 25
each employee in the units of government identified in § 3–102(a)(1)(vi) through (ix) AND 26
(XII) and (2) of this title; and 27
(ii) accrete all positions to appropriate existing bargaining units. 28
6 SENATE BILL 255
(3) (i) Notwithstanding Subtitle 4 of this title, at the request of the 1
exclusive representative, the Board shall conduct a self–determination election for each 2
bargaining unit representative for the accreted employees in units of government identified 3
in § 3–102(a)(1)(vi) through (ix) AND (XII) and (2) of this title. 4
(ii) All elections shall be conducted by secret ballot. 5
(iii) For each election, the Board shall place the following choices on 6
the ballot: 7
1. the name of the incumbent exclusive representative; and 8
2. a provision for “no exclusive representative”. 9
(4) THE BOARD SHALL ACCRETE P OSITIONS TO EXISTING 10
BARGAINING UNITS AS FOLLOWS: 11
(I) ASSISTANT PUBLIC DEF ENDERS, INTAKE SPECIALISTS , AND 12
INVESTIGATORS IN THE OFFICE OF THE PUBLIC DEFENDER INTO BARGAIN ING UNIT 13
F FOR SOCIAL AND HUMAN SERVICES PROFESSIONALS ; AND 14
(II) ALL OTHER POSITIONS IN THE OFFICE OF THE PUBLIC 15
DEFENDER INTO APPROPR IATE EXISTING BARGAI NING UNITS AS DETERMINED BY 16
THE BOARD. 17
12–102. 18
(a) Except as otherwise provided by law, this title applies to all employees in the 19
State Personnel Management System within the Executive Branch and independent 20
personnel systems. 21
(b) This title does not apply to: 22
(1) an employee who is appointed by the Governor whose appointment 23
requires the Governor’s approval; 24
(2) an employee in the executive service of the State Personnel 25
Management System; 26
(3) a temporary employee; 27
(4) an attorney in the Office of the Attorney General [or the Office of the 28
Public Defender]; 29
(5) a State Police officer; 30
SENATE BILL 255 7
(6) an employee under § 7–601 of the Transportation Article who is subject 1
to a collective bargaining agreement that contains another grievance procedure; 2
(7) an employee, including a member of a faculty, who is subject to a 3
contract or regulation governing teacher tenure; 4
(8) a member of the faculty, an officer, or an administrative employee of 5
Baltimore City Community College; 6
(9) a student employee; 7
(10) an individual who, as an inmate or patient in an institution, is 8
employed by the State; or 9
(11) an administrative law judge in the Office of Administrative Hearings. 10
SECTION 2. AND BE IT FURTHER ENACTED, That o n or before January 1, 2023, 11
the Secretary of Budget and Management shall assign each appointee or employee of the 12
Office of the Public Defender to the appropriate employment category in accordance with 13
Section 1 of this Act. 14
SECTION 3. AND BE IT FURTHE R ENACTED, That, notwithstanding any other 15
provision of law, any appointee or employee transferred to the State Personnel 16
Management System or assigned to a bargaining unit in accordance with this Act may not 17
receive a change in pay or benefits in the course of or as a result of the transfer or 18
assignment, except to be placed on a new salary schedule at a grade and step that results 19
in an increase in annual rate of pay or benefits. 20
SECTION 4. AND BE IT FURTHER ENACTED, That this Act shall take effect 21
October 1, 2022. 22
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.